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2oioos�90
<br />DE�D OF TRUST
<br />laan No: 80$342 (Continued)
<br />Page 3
<br />Complianca with Existing Indebtedness. During the period in which any Existing Indehtedness described 6elow is in effect, compliance
<br />with the insurance prbvisions contained in the instrument evidencing such Existing Indebtedness shall cqnsti#ute compliance with the
<br />insurance provisions under this beed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a
<br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in tf�is Deed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
<br />LENDER'S EXPENDITURES, If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (8) to provide any required insurance on the Property, (C) to make repairs to the Property or to r,omply with any obligation to
<br />maintain �xisting Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that
<br />Lender believes to be appropria#e to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will #hen bear
<br />interest at the rate charged under the Note from the date incurred or paid by Lender tv the date of repayment by Trustor. All such
<br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of
<br />the Nnte and be appvrtioned ambng and be payable with any installment payments to become due during either (1) the term bf any
<br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be veated as a ballvon payment which will be due and payable
<br />at the Note's maturity. 7he Deed of Trust also will secure payment of these amounts. 7he rights provided for in this paragraph shall bP in
<br />addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall
<br />not be construed as curing the default so as to bar Lender from eny remedy that it otherwise would have had.
<br />WARRANTY; DEFENS� OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in Tee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section belaw or in
<br />any title insurence pblicy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exceptinn in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />intarest of Trustee or Lender under this Deed of Trust, Trustor shall defend the actinn at Trustor's expense. 7rustor may be the
<br />nominal par#y in such proceeding, but Lender shall be entitled to participate in the proceeding and to 6e represented in the proceeding
<br />by counsel of lender's own choice, and Trustor will deliver, or cause to 6e delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that #he Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulatinns of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the executinn
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as eorrnwer's
<br />Indebtedness is paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this peed nf ?rust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferipr to an existing lien, Trustor
<br />expressly covenants and agrees to pay, or see ta the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mnrtgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is madified, amended, extended, or renewed without
<br />the prior written consent of Lender. Trustor shell neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating ta condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and 7rustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain tha award. Trustor may be the nominal party in such
<br />procaeding, but Lender shall b� entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Prpperty is condemned by eminent domain proceedings pr by any prpr,eeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or res#oration of the Property. The net proceeds af the award shall mean the award after payment of
<br />all reasonebla costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORI7IES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this beed of Trust
<br />and take whstever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for atl taxes, as described below, together with all expenses incurred in recording, periecting or continuing this Deed
<br />of 7rust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specifin tax wpon this typa of peed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower wliich 8orrpwer is authorized or
<br />required to deduct from payments on the Indebtedness secured 6y this type of Deed of Trust; (3) a tax on this type ot Deed of Trust
<br />chargeabls against the Lender or the holder of the Note; and (4) a specific tax on all or any portion af the Inde6tedness or on
<br />payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to whioh this section applies is enacted subsequent to the date of this Ueed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it 6ecomes delinquent, or (2) contests the t�x as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender,
<br />SECURITY AGREEMENT; FINANCING STATEM�N7S. The following provisions relating to this Deed of Trust es a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secursd party under the Uniform Cammercial Code as amended from time to time.
<br />Securtty Interest. Upon request by Lender, 7rustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any
<br />time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Daed of Trust as a
<br />financing statement. 7rustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall nnt remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assembl� any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient Yo Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (de6tor) and Lender (secured party) from which information concerning the security
<br />interest granted by this beed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney�in-fact are a part of
<br />this Deed af Trust: , , ` ' r.'
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